Busivid Terms and Conditions

  1. Acceptance

    By accessing or using any Busivid website and/or services, you accept and agree to be bound by (1) the terms and conditions, (2) all other Busivid policies, including but not limited to Busivid’s
    privacy policy found here. If you do not agree to the following terms please do not use our service or click “accept”. Although we will always attempt to notify you of major changes, we reserve the
    right to modify our terms and conditions periodically without notice. From time to time you should review our most up to date version of our terms and conditions found here. If you have any questions
    regarding our terms and conditions please feel free to email us at support@busivid.com.

    These Terms and conditions apply to all users of the Busivid Website and Busivid mobile device apps, including users who are also contributors of audiovisual content, information, and other materials or services on the Website.

    BY ACCEPTING THESE TERMS AND CONDITIONS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND CONDITIONS.

  2. Third Party Links

    The Busivid Website may contain links to third party websites that are not owned or controlled by Busivid. Busivid has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party
    site. You are responsible for reading and agreeing to any third party terms and conditions. By using the Busivid Website, you relieve Busivid from any and all liability arising from your use of any third-party website.

  3. License (Rights We Grant You)

    Subject to all terms and conditions, Busivid grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the Services from the Effective Date for the Subscription Period. This license is personal to
    you and may not be assigned or sublicensed to anyone else without the written consent of Busivid. By using our services you agree to NOT (1) create more than one account, (2) buy, sell, license or rent your Busivid account, or (3) share
    Busivid account password.

    Any software Busivid provides you may automatically download and install upgrades, or other new features. You may be able to adjust these features through your device settings.

    You are responsible for all mobile charges incurred through the use of our services. If you are unsure of what these charges may be, please ask your service provider before using our services.

  4. Content of Others

    Most of the content through our service is produced by users and third parties. The content is the sole responsibility of the submitter. Although Busivid reserves the right to review and remove all content that is sent through our
    services, we do not necessarily review it all. Therefore Busivid does not take any responsibility for any content that users provide through the service. Busivid does not endorse any User Submissions or any opinion expressed therein and
    by using our service you agree to waive any legal or equitable rights you have against Busivid with respect thereto.

  5. Privacy

    Your privacy is very important to us. Your privacy rights are set forth in our privacy policy, which forms part of this agreement. We recommend you read carefully before agreeing to these terms. Please review the privacy policy to
    learn how Busivid treats your personal information.

  6. Security

    Busivid takes your account security seriously. While we work to protect the security of your account, Busivid does not guarantee that our security measures will not be breached by unauthorized third parties. Please help Busivid keep
    your account secure by selecting a strong password and keeping it safe. Customers shall take full responsibility of usernames and passwords, and be held responsible for all uses with such username and password. Please notify us immediately
    if you believe your account has been compromised or used by an unauthorized user.

  7. General Use of Service/ Fair Usage Policy

    Don’t misuse our service. You may use our service in a way only permitted under law. Busivid reserves the right to take necessary action to comply with the law and with judicial rulings, including, but not limited to, removing your
    Content from the Service without notice.

    1. By accepting our terms and conditions and/or using our services you agree to NOT use our service in any manner that may:
      • Infringe or violate intellectual property rights.
      • Violate any laws or regulations.
      • Contain harmful, fraudulent, threatening, harassing, obscene, illegal or pornographic content.
      • Violate the security of a computer network.
      • Upload viruses or other malicious code.
      • Alter or modify any part of the Busivid Website, including but not limited to Busivid’s Player, apps or any of its related technologies.
      • Probe, scan or test the vulnerability of our service.
      • Attempt to obtain the source code or underlying ideas or information of or relating to the Services.
      • Encourage any activity that may infringe on the terms of service.
    2. Additionally, you may not use or launch any automated system, including without limitation, “robots”, “spiders”, “scrapes”, or “offline reader” that accesses the Website and related apps in a manner that sends more request
      messages to the Busivid servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Busivid is designed for PEOPLE to send media files to other PEOPLE.
      In order to access Busivid services you MUST be human. Any access to services by automated methods is not permitted.
    3. You agree to not distribute in any medium any part of the Website, including but not limited to User Submissions, without Busivid’s prior written authorization.
    4. If your use of the service is deemed by us to monopolize (such as “spam” or use any form of auto responder) in a way that adversely affects the services of other users we may, at our sole discretion, terminate or suspend your account.
  8. Account Term and Termination Policy

    1. Termination by Busivid: Busivid reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions. Busivid may remove such User Submissions and/or terminate
      a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. If Busivid terminates your service, you are still responsible for paying all outstanding
      fees and charges incurred before termination.
    2. Termination by You: You may choose to terminate your account at any time for any reason by contacting Busivid at support@busivid.com. Please be aware that all fees are non-refundable and if you choose to terminate your
      account before the end of the term, you agree to pay all fees and charges.
  9. Fees and Payment

    1. Fees: Customer agrees to pay Busivid the amounts at the time specified in the subscription plan selected. Busivid reserves the right to change the Fees and/or billing cycles for our subscription service at any time, but
      any such changes will only apply forthcoming. All Fees are recurring (until terminated) and charged to you regardless of whether or not you use the subscription service. If you choose to enroll in a paid Busivid subscription, you agree
      that Busivid may automatically charge the recurring Fees to your chosen payment method at the beginning of each billing cycle.
    2. Payment Terms: Services are billed in advance on a monthly basis. The customer agrees to pay the specified amount in the subscription plan chosen. Busivid services are non-refundable, therefore there are no refunds or
      credits in the case of cancellation, downgrading or for partially used periods. If you choose to cancel your subscription, you must cancel prior to the renewal date in order to forgo the next billing cycle. If you fail to meet your payment
      obligations, Busivid reserves the right to terminate your paid subscription, and charge you an overage or other fees.
    3. Taxes: All fees and charges are expressed excluding of any transaction taxes, duties, tariffs, or similar levies(including without limitation value added, goods and services, sales tax, stamp tax). You will be responsible
      for, and pay all taxes associated with your service to Busivid.
  10. Proprietary Rights

    1. Services: Busivid holds exclusive and sole ownership of all right, copyright, title and interest in the Busivid website, apps and services and all software used in these services. All Busivid content is protected by
      copyright, intellectual property rights and trademark laws. Busivid retains all ownership of the Buivid application even after installation on your mobile device. You may not copy, modify, reverse engineer, disassemble or convert any
      material on the Busivid website or applications by any means or in any form without Busivid’s prior written consent.
    2. Customer Content: Busivid does not claim ownership of any content you post through the service. However, by using our service, you hereby grant Busivid a royalty-free, fully paid-up, irrevocable, worldwide license to
      exploit (host, store, use, modify, adapt, distribute) the Customer Content as necessary to provide the Services to you; subject to the privacy policy. This license is for the sole purposes of providing, promoting and improving the services.
      You understand and agree that Busivid may monitor or review any content you post through the service. We may delete any content, in whole or in part, that is found to breach our terms and conditions.
  11. Copyright

    Busivid respects all intellectual property rights, and we expect our users to do the same. Busivid honors the requirements set forth in the Digital Millennium Copyright Act. In this respect, we will respond quickly to all claims of copyright
    infringement and take steps to remove any infringing content we become aware of. We will terminate any user found to repeatedly infringe on copyrights.

    If you believe that anything on the Busivid services infringes on a copyright you own or control please provide the following information to Busivid:

    • Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • Identify the copyrighted work or material believed to be infringed.
    • Identify the material that is claimed to be infringing.
    • Provide contact information such as name, phone number, email address and mailing address.
    • Provide a personal statement that you have a good faith belief that the use of the material is not authorized by the copyright owner or controller.
    • Provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Send your completed notice to:
    Busivid Corporation
    8000 Anderson Square, Suite 107
    Austin, TX 78757

  12. Warranty Disclaimer

    Busivid does not guarantee that the service is available at all times. THE SERVICE, INCLUDING, WITHOUT LIMITATION, BUSIVID CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”
    AND “WITH ALL FAULTS” BASIS. YOU AGREE THAT YOUR USE OF THE Busivid WEBSITE, APPS AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Busivid, ITS
    OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Busivid MAKES NO WARRANTIES OR
    REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Busivid WEBSITE.

    Busivid DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Busivid WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER
    OR OTHER ADVERTISING, AND Busivid WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
    THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  13. Limitations of Liability

    TO THE FULLEST EXTENT PERMITTED BY THE LAW, IN NO EVENT SHALL BUSIVID, IT’S OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES INCLUDING WITHOUT LIMITATIONS DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
    SPECIAL OR PUNITIVE LOSSES THAT MAY ARISE OUT OF OR IN RELATION TO YOUR USE OF BUSIVID SERVICES. LOSS INCLUDES BUT IS NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR ANY OTHER INTANGIBLE ASSET. BUSIVID’S TOTAL LIABILITY
    SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BUSIVID OVER ONE MONTH PRECEDING YOUR CLAIM.

  14. Indemnity

    You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with Busivid
    services, including any breach by you of the Conditions.

  15. General Provisions

    This agreement shall be governed by the laws of the State of Texas, United States of America. Any action or disputes regarding this agreement or your use of the Busivid services must be commenced in the State or Federal
    courts located in Texas, United State of America. By agreeing to this statement you consent to the jurisdiction of those courts.

  16. Arbitration, Class- Action Waiver

    You and Busivid Corp. both agree that any disputes arising out of these terms and conditions, that may not be resolved in small claims court, will be resolved through binding, individual arbitration in the state of Texas
    or another location mutually agreeable to both parties. All arbitrations will be initiated through the American Arbitration Association’s (AAA) and be governed by the AAA Consumer Arbitration Rules. Any claims that
    involves you or Busivid’s intellectual property (such as copyright, trademarks, trade names, logos, patents, and trade secrets) are exempt and do not need to be resolved through arbitration. Neither you nor Busivid may
    take part in a class action suit or class wide arbitration for any claims covered by this agreement. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY
    OTHER CUSTOMER OR USER.

    You may opt out of the agreement to arbitrate. If you do so, neither you nor Busivid may force the other to arbitrate. To do so you must notify Busivid in writing, within 30 days of first becoming subject to this arbitration agreement.

  17. Ability to Accept Terms and Conditions

    1. When you register with Busivid you agree to provide Busivid with accurate, true, current, and complete information.
    2. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Definitions
  • “Authorized User” means the individual customer authorized to use the Busivid account.
  • “Content” means all text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, accessed through, or contributed to the Services.
  • “Customer Content” means Content contributed to the Services by Customer.
  • “Effective Date” means the date in which your plan begins.
  • “Services” means the services hosted by Busivid and provided to Customer under this Agreement
  • “Updates” means any patch, revision, improvement or modification made to the services provided by Busivid.

Privacy Policy

Busivid takes your privacy very seriously. Our Privacy Policy explains how we and the companies we work with handle your private information in relation to our mobile services, websites and software.

  1. Information We Collect

    1. Information you give us:
      • Although you can receive videos through the Busivid service with no account, in order to upload and send content through the service we require you to register a Busivid account. Registering an account requires some personal
        information such as username, email address and a password. Please be aware that other users may see your username (not your email address).
    2. Information we get from your use of our service:
      • By using our service Busivid may be able to collect information about your usage such as when you use Busivid, the contacts you communicate with through the service, the Busivid videos you watch, and the frequency and size of
        data transfers, as well as information you display or click on in Busivid (including UI elements, settings, and other information).
      • Like most online services and mobile applications we may use cookies, and other technologies such as clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit
        or the next time you visit the Busivid Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors,
        pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. You may instruct your web browser to not accept cookies, however without cookies you may not be able to have
        full functionality of our site and services.
      • Busivid may also collect information on the device you’re using our service on, including what kind of device you are using, what operating system you are on, device settings and crash data. To learn more about what information
        your device makes available to us, please check the policies of your device manufacturer or software provider.
    3. User Content:
      • In most cases your video content is not viewed by Busivid as it passes through our automated servers, however by using the Busivid services you agree that Busivid staff may view your content for the purposes of quality control of
        our systems and processes, within the terms of our privacy policy and terms and conditions.
      • By using Busivid you agree that Busivid and its employees have no control over the privacy of video content past when it is uploaded to third parties on your behalf.
      • You also agree that Busivid cannot, in most cases, take down or take back video materials posted to video hosting sites on your behalf. You agree that you must work directly with your video hosting site to take down or modify
        video content or modify the manner in which it is privately or publicly displayed.
      • You are solely responsible for the user content that you upload and publish or otherwise make available on the service. You agree that we are acting as a passive channel of your online distribution of your user content.
  2. How We Use Your Information

    Busivid’s primary goal in collecting personal information is to administer your account and provide, maintain, protect and improve our services and features. Here are some of the ways we use your information to give you a better experience:

    • Remember your information so you do not have to re-enter it every time you access our services.
    • Send communication, we may email you in response to support questions or share information about our services.
    • We may also send you notifications as part of the functionality of our services.
    • Verify your identity and prevent fraud.
    • Develop and test new features.
    • Fix technology problems.
  3. Sharing of Your Information

    1. Third Parties: We will not misuse your information. Busivid does not transfer any of your personal information to third parties or collaborating companies for marketing purposes without your consent. We may however use your email address
      without further consent for non marketing and administrative purposes. If you request that we share content or information with a third party you agree that we may pass forward your content to the third party to enact your sharing request.
    2. Business Transfer: In the event of a change in control (such as a merger, acquisition, or bankruptcy) Busivid may sell or otherwise transfer assets which may include your information such as name and email address, user content and other
      personal information collected throughout your service. You will continue to own your user content and the buyer will be obligated to honour the privacy policy.
    3. Legal request and preventing harm: Any personal information we receive may be accessed and processed for an extended period of time when it is a subject of a legal request or obligation, or an investigation into a violation of our terms
      of service. Busivid reserves the right to share information with organizations or individuals if we have a good faith belief that access to your personal information is necessary to:
      • Meet any law, legal process or enforceable government request;
      • Enforce the terms and conditions of Busivid;
      • Prevent and address fraud or any other legal activity;
      • Protect ourselves, you and others.
  4. How Long We Keep Your Content

    We keep your information only as long as it is needed for legitimate business purposes and is permitted by legal requirements. Following the termination or deactivation of your account we may retain certain data and user content for a reasonable
    amount of time for analytical purposes and record keeping.

  5. Changes To Our Privacy Policy

    Busivid reveres the right to modify or update this privacy policy periodically. Although we will attempt to notify you if any major changes occur you should review the policy occasionally. Your continued use of our services after any modification
    constitutes your agreement to such changes.